IN THE CASE OF:
BOARD DATE: 01 June 2010
DOCKET NUMBER: AR20090020470
THE BOARD CONSIDERED THE FOLLOWING EVIDENCE:
1. Application for correction of military records (with supporting documents provided, if any).
2. Military Personnel Records and advisory opinions (if any).
THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:
1. The applicant requests, in effect, correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show "Doerun, Georgia" in item 8 (Place of Birth).
2. The applicant states the current entry is incorrect, that it is a typographical error.
3. The applicant provides his DD Form 214 and birth certificate.
CONSIDERATION OF EVIDENCE:
1. Title 10, U.S. Code, section 1552(b), provides that applications for correction of military records must be filed within 3 years after discovery of the alleged error or injustice. This provision of law also allows the Army Board for Correction of Military Records (ABCMR) to excuse an applicants failure to timely file within the 3-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so. While it appears the applicant did not file within the time frame provided in the statute of limitations, the ABCMR has elected to conduct a substantive review of this case and, only to the extent relief, if any, is granted, has determined it is in the interest of justice to excuse the applicants failure to timely file. In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.
2. The applicant's military records show that he enlisted in the Regular Army on 28 November 1967. He was awarded the military occupational specialty of field artillery basic. The highest rank/grade he held was specialist/E-4.
3. The birth certificate provided by the applicant shows he was born in the town of Doerun in the county of Colquitt, Georgia.
4. The applicant's DD Form 4 (Enlistment or Reenlistment Agreement), item 23 (Place of Birth), and DA Form 20 (Enlisted Qualification Record), item 20, (Birthplace and Citizenship) show his place of birth as Doerun, Georgia.
5. The applicant's DD Form 4, item 38 (Selective Service Local Bd) contains the entry, "LB 36, Moultrie, Colquitt, GA."
6. The applicant was honorably released from active duty on 6 July 1969 and transferred to the U.S. Army Reserve (USAR) Control Group (Reinforcement) to complete his remaining Reserve obligation after serving 1 year, 7 months, and 9 days of active service.
a. Item 8 of his DD Form 214 contains the entry "Colquitt County, Pennsylvania."
b. Item 10b (Selective Service Local Board Number, City, County, State and Zip Code) contains the entry, "LB #36 Moutrie, Coliquitt County, Pennsylvania."
7. Army Regulation 635-5 (Personnel Separations Separation Documents) establishes standardized policy for the preparation of the DD Form 214. It states that the DD Form 214 is a synopsis of the Soldier's most recent period of continuous active duty. It provides a brief, clear-cut record of active Army service at the time of release from active duty, retirement, or discharge.
DISCUSSION AND CONCLUSIONS:
1. The applicant's birth certificate, DD Form 4, and DA Form 20 show his birthplace as Doerun, GA. As such, it appears the birth place on his DD Form 214 was transcribed in error; therefore, it would be appropriate to correct his DD Form 214 to show "Doerun, Georgia" in item 8.
2. While the applicant did not request correction of item 10b of his DD Form 214, it appears this entry was transcribed in error; therefore, it would be appropriate to correct this entry on his DD Form 214 to show "LB 36 Moultrie, Colquitt County, Georgia."
3. In view of the foregoing, the applicant is entitled to have his records corrected as shown below.
BOARD VOTE:
____X___ ___X____ ___X___ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The Board determined that the evidence presented was sufficient to warrant a recommendation for relief. As a result, the Board recommends that the DD Form 214 of the individual concerned be corrected by:
a. deleting the entries in item 8 and item 10b;
b. adding "Doerun, Georgia" in item 8; and
c. adding "LB 36 Moultrie, Colquitt County, Georgia " in item 10b.
_______ _ X_______ ___
CHAIRPERSON
I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case.
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